a lesson plan for the third grade class and involving helen keller, and empathy for the disabled. so the former principal did not report it and moved the little girl to another classroom which her mother was grateful for. the jury wrestled with this issue because as late as friday, the light was split on whether to convict. we don't know which way they're leaning but the jury came back after two days of deliberations and delivered a guilty verdict for not reporting suspected child abuse. there are other attorneys listening to sentencing. it's taking place so we'll bring you an update as news develops. reporting live in san jose, abc 7 news.

>> sky p over the scene of breaking news south of brentwood where a person died in a fiery crash along the contra costa, alameda county line. the crash happened around 2:00 this afternoon. impacting the commute in that area with officers diverting traffic. we don't know how this accident happened. >> on to politics. down to final hours of the 2012 campaign. the president crisscrossed the mid west and the crowds turned out for the appearance in columbus, ohio. battle ground state many believe could decide the election. >> our fight goes on because america always does best. everybody does their fair share and plays by the same rules. that is what we believe and what you elected me in 2008 that. is why i'm running for second

term of president of the united states. >> it's been a hectic day as well for mitt romney comp yaining in ohio, virginia and new hampshire after starting in orlando, florida. the republican saying the president failed to live up to his promises and urged supporters to get to polls tomorrow. >> we have one job left to, make certain everybody who is qualified to vote gets out to vote. we need every vote in florida. >> the final poll at the campaign shows president obama leading romney nationally. the same poll reflects a four day rolling average showed romney head by a point on thursday. >> in florida thousands of people waited in lines around state to vote by absentee ballot. some people waited three to four hours.

this process allows voters to request ballots or return ballots by mail over the weekend people waited up to eight hours to vote. democrats blame republican governor rick scott for long lines and say the governor and republican-controlled legislate you're cut the number of days from 14 to 8. >> early voting is underway in the bay area. this is the scene earlier today. about a third of eligible voters have voted in san francisco. alameda and santa clara counties report a similar turnout. almost half of the voters mail in ballots about a million people voted in the bay area so far. >> this is on the southern end of the city. i didn't want to take the chance of polling place in my neighborhood being a long line. not open when i'm ready to take it. >> this is a lot of voters

dropping off ballots at home. >> stay with us for election results tomorrow. get results on abc 7 news.com. we'll have live updates all night long at facebook.com/abc 7 news and via twitter. >> california fair political practices commission accusing a group of campaign money laundering after a source of funding today. the state supreme court issued a ruling to disclose who is behind $11 million contribution to support prop 32. turns out the money came from two monday profits active in republican campaigns. the groups are not required to release their donor list. the state could fine the pack or pursue criminal charges.. >> now, gorgeous out there. it's one of the hottest days on record in november. >> it's spectacular. now, spencer christian with

records we've broken today. >> we've broken several records today. there may be more. these are just high, new records so far today. oakland 83 degrees is the record for the date. sfo, 78 degrees and moffett field 83. 95 degrees today, shattering old records of 86 for this date. we're waiting for a final count on election day. there may be other records coming in later this afternoon. tomorrow, election day planner looks like this. the start of the day, sun rise, 6:41 warnlest conditions on the coast, actually. coolest conditions will be inland about 58 degrees. by mid day, we'll see mid-70s around the bay area. by afternoon, up to 80s inland. upper 70s around the bay. cooling on the coast by tomorrow afternoon we've got fog surging back tomorrow evening. by 7:00 p.m. cooling trend will have begun along the coast, around the bay. so what comes next?

i'll have the accu-weather forecast forecast coming up just a little bit later. >> thank you. stolen historic cross honored veteran who's died in world war ii may have been discover today after a tip to abc 7 news. >> this cross stolen two years ago and has been the subject of a lawsuit that went to the u.s. supreme court. >> abc 7 news joins us live at san mateo with a story you'll see only on 7. >> happening now along the skyline boulevard, no one knows how long the process -- cross has been out here. a tip indicated where we can find it. the task is to determine whether it, or a replacement will take a special spot in the mojave desert. this cross found in the hills above san mateo. a printed note said it's in fact the mojave cross.

i would be grateful if you would be so kind to notify authorities. the cross has been sitting atop sun rise rock since 1934 it was cutoff and stolen two years ago. the cross was covered by a wooden box at that time as a result of a legal battle because it sits inside of the mojave national preserve, aclu argued it violates separation of church and state. >> i would say thank you for returning it. number one, two, why did you take knit the first place? i mean what did you hope to gain? >> it may or may not be a coincidence the land has been deeded to address a legal challenge. the cross is is in the custody of the sheriff's office. >> we'll start reaching out and notifying our detective

bureau. and see if we can get it back in it's rightful spot for now they say they're going to install and dedicate a replacement cross on sun rise rock this sunday in san bern county. -- san bernardino county. >> san francisco police have one suspect in custody, they're looking for another in an attempted robbery on a muni bus. the 24-year-old was arrested and police are looking for this man, the man man in the tweed sports coat ochlsers say he pepper sprayed a hearing impaired student. >> new at 4:00 the man suspected of smashing the window of a muni bus pleaded not guilty today. the 22-year-old says he says he was drinking that night. he will be back in court in december for a next hearing.

prosecutors say this is him. the police are still looking for people who set the bus on fire. together, the vandals did estimated $1 million worth of dhaj will not be covered by insurance. >> a rossmore community bus struck a pole this morning sending four people to the hospital. contra costa fire department says two people suffered injuries and two had minor injuries. power lines were down. the road is closed about two hours. there is no word on what cause that had crash. >> all lanes of traffic along the embarcadero are open again after a leak forced an evacuation this morning. crews and pg&e officials were on the scene within minutes with traffic between broadway and battery was rerouted. fire officials say a crew clipped a gas line. >> the water department was

digging in and it ruptured a six to eight inch high pressure gas line. we just evacuated the building there. the companies came i made sure everybody was out. just set up lines, jufts closed off the streets. >> it took about an hour to cap that leak. inspectors continue to monitor repairs.. >> police shot and killed a naked man they say he was chasing his wife with a knife last night on central avenue. police say they told the man to drop weapons. he refused and they opened fire. the officers or on paid leave while the department investigates. >> a man is m custody for murder of a friend in south san jose. police say he he shot and killed the victim. police say the two were in an argument this, is the 40th murder this year watch -- matching the entire total for 2011. >> to super storm sandy now.

crews seem to be making efforts -- progress in efforts to restore power after the storm. >> more than 8 million people in 10 states lost power after the storm hit a week ago tomorrow. getting around is still very challenging. hundreds waited in long lines in new jersey to try to catch a bus. >> we're a tough group of people. we will rebuild. we'll get better after this and will be tougher, america couldn't take new jersey toughness before this. after this we're going to be hell on wheels to everybody. >> the death toll climbed to 113 people today. concern growing about a if you storm forecast to hit on wednesday. >> you can help take part in the day of giving.

disney kicked it off with a $2 million donation to the red cross. you can also call 1-800-help now or go online to red cros cross..org-abc. >> and bay efforts in the day of give weerg in that location for american red cross. it's important. we're shocked by what we can see from the east coast. there is critical assistance needed to rebuild skm that is what the red cross and you can do. more than $10 million has been raised so far today with more still to come. this is a disaster vehicle. that is where they will be in an emergency. a number of them in new york and new jersey.

>> we have six in the bay area back ee. we have hundreds back east right now. about 106 residents from the greater bay area who are also. >> they're doing things like mental health counseling and providing health services and trainers and they're providing food and case work. >> so what you can do is help and be generous for our fellow americans you can text abc at 90999 to donate $10 or call 1-800-help now or go to their web site red cross.org-abc. the need is critical. kids need help. disney providing this guy to all children back east as the red cross stops by. your generosity on this day of

giving is appreciated. >> don, thank you. >> still ahead at 4:00 how popular was apple mini? >> plus, net flix wants to be left alone. >> michael finney taking your questions will answer them here live just minutes from now. you can contact michael on facebook.com/michael finney abc 7. >> taking a look at traffic now really heavy for drivers trying to make their way across the bay bridge. moving easier towards the

anel says it sold three million ipads over the weekend. the tech giant didn't say how many of the new minies were sold reports say it sold out in 60% of the u.s. apple stores. apple started selling on friday. start agent $329 it's the third smaller an full-sized ipad that got an update as well with faster processor and better front facing camera. >> an important deal between cbs and hulu to tell you about. net flix not looking for a co-star. hi, nicole. >> good afternoon. yeah. let's start with net flix.

they've adopted a so called poison pill approving a plan making it expensive for an unwelcome buyer to take over. carl icon bought a stake in net flix saying it's an attractive take overcompany but net flix isn't looking for a co-star you mentioned but bloomberg news learned that apple is looking into replacing intel chips in mass mernl personal commuters wit with -- computers. also making headlines today, facebook's coe unloaded some of her face book stock, netting $7.4 million. she has 20 million shares available for trading. the stock is down 44% since the ipo in may, closing at

$21.25 today, time warner cable late nest yum numbs fell more than 6% today and cable giant says it lost subscribers and added fewer internet customers. we should note net income rose to $800 million. and skill skillo out with third quarter earnings report and says profit was up 509% revenue rose 67%. however, the stock is changing in after hours trading after the outlook fell short of what investors hoped for. skillo -- zillow announced it's buying a software company. and the hacking group known as anonymous was reported stealing 28,000 pass words. pay pal says it's investigating.

as for market let's take a look at how stocks did ahead of the election. not much of a move here. if there is one thing that wall street doesn't like we know it's uncertainty. the shares of apple, ebay and hewlett-packard helping pull that up and cbs and hulu reached a deal to make much of the library available fr paid service. that means shows like star trek, i love lucy, csi miami and other csies will be available starting in january. final service a week ago cbs is holding out it's not making episodes of current shows available on hulu. that is your bloomburg studios

in san francisco. back to you. >> thank you so much. >> gorgeous day out there. just warm for november. >> november 5th we're hitting 80 degrees so there may be more. looks like heat will recede a bill tomorrow. looking east, look at the sky. on a clear day, you know the song says you can see diablo and there it is. no clouds near the bay. sunny skies still, 80s in san jogs yeah. 83 oakland. 78 degrees in half moon bay. warm again tomorrow. much cooler wednesday, cold

showers will fall on thursday, overnight tonight going to be mild. clear skies, low temperatures dropping into upper 50s. a big ridge of warm air dominating how. it's about to give way to a pool of cold air to bring us a different weather pattern. notice fog starts to return to the coast late tomorrow afternoon. cooling begins tomorrow evening. so that is why we're not likely to see records again, tomorrow, looking for highs in the south bay. warming will occur early enough in the day that that could occur. mid-70s on the coast. 76 half moon bay. 77 degrees downtown san

francisco tomorrow. highs into upper 70s and near east bay, low 80s ask inland east bay around just above 80 degrees and records near monterey bay into the warmest region in the bay area, here is the accu-weather forecast. notice cool down sharply on wednesday and further cooling towards the end of the week. cold mornings and maybe frost on sunday morning. that is a change. >> yes. >> great election day weather, right. >> yes. perfect. >> still ahead personal revelation from sharon osbourne in her fight against breast cancer. >> you can own a piece of jimmy kimmel history. what he's selling to give away for super storm sandy efforts. >> if you're headed to the east bay, traffic heavier than on the other side but traffic

flowing well at this

jimmy kimmel auctions a piece of his set. >> here is rachel smith with the hollywood report. >> jimmy kimmel supporting abc day of giving by auctioning

his desk. all appeared on the show last week. you can place your bid at charity buzz.com. proceeds will benefit american red cross. >> only one day until election, katy perry has chosen her kad, wearing an obama themed dress this weekend supporting president barack obama. and katy isn't the only celebrity encouraging fans to vote tomorrow, lady gaga tweet sod excited to be on the radio to talk about the election and how important it is to vote. rupaul also chimed in saying you better vote. kristin stewart hit the red carpet and told otrc she'd rather have spent the time with her fans. >> i want to take my shoes off

and say hi to everyone. >> on the road hits theaters december 21. score latest entertainment news any time just head to otrc.com. >> sharon osbourne reveals a life changing decision discovering she had the gene that would make it more probable she'd undergo breast cancer. 10 years ago she beat colon cancer. now at age 60 she says she's going to be around for her children and grandchildren. >> still head on abc 7 news at 4:00 final push for candidates and champagnes -- campaigns right now. >> and it's a day of giving. here in the bay area and across the nation three simple ways you can help victims of super storm sandy. and later...

>> he's at it again. the anthem from a noted local artist.

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the frantic last minute push is underway in the presidential race. president obama and mitt romney getting help from running mates. vice president joe biden on stage now at this campaign stop in richmond, virginia. you're looking at a live picture from this event. just recently saying romney made more piero yets than a ballerina. it is one of the critical states for both catch yains. and mitt romney's running mate just wrapped up speaking in des moines, iowa. and mitt romney will be campaigning in new hampshire in just a few hours. >> the reason it's so vague is because it impacts so much of what we do and what we become. we're not just picking a president for four years.

we're picking a path. for our country that will last a generation. also now, here is mitt romney campaigning in new hampshire a few hours from now. >> now, candidates out in force trying to grab all of the important votes. the magic number a candidate needs is 270. what this map shows is the current predictions by abc news political unit. they're still seven states too close to call. among them, you've got nevada, colorado with iowa, virginia, new hampshire, and the all important state of florida. abc news is predicting wins for mr. obama in minnesota, wisconsin and pennsylvania. if that happens he would pick up another 40 votes.

the key stone state is one that republican challenger mitt romney has been campaigning part of. he's likely to snag north carolina with 15 votes including numbers that would bring the tally to 244 for obama. 209 for rom fee. it's undecided states that everybody is going to be watching for. is that that means this election is still anyone to take. a about. c 7 news mark matthews will have live coverage from chicago at 5:00 and 6:00 and tomorrow, on election day, laura anthony will have live reports all day tomorrow. >> if you have trouble voting you can report problems at your polling place to us. abc 7 news election night hot line.

abc 7 news will bring results on tuesday at 3:00 p.m. a special edition of abc 7 news including live reports from obama and romney campaign headquarters at 3:30, world news with diane sawyer followed by live election coverage from abc news at 4:00 p.m. then at 8:00 when polls are closing in california you can get bay area results from us, then abc news national returns at 8:30 that will be a wrap up on abc 7 news at 11:00. >> today abc and our parent company, disney teeming up with american red cross for a day of giving to raise money for relief efforts. it began with famous faces working during the show.

good morning america co-anchor robin roberts also took part. here is her message today. >> so difficult for me to follow doctor's orders and stay home last week. i felt helpless watching people, those families impacted by sandy. i know what it is like to see your town wiped out because i remember the day after hurricane katrina being there my beloved home state of mississippi walking in rubble. the coastline, unrecognizable. family members displaced for months. it took over a year for us to get back in the family home. so many people asking me the same question. does the rest of the country know? do they know what happened to us? does anyone care? that is why today is so

meaningful. please give what you can. any amount. it's greatly appreciated. if you can't make a donation, please consider giving your time, volunteering, sending positive thoughts to those that have been affected by sandy. let them know we care by giving whatever. bless you. thank you. >> here is the information. text abc to 90999 to give $10. you can also call 1-800-help now. or go online for red cross.org/abc. >> coming up, research shows being healthy won'tness ily stop heart attacks so there is good news for hearts of health conscious people. >> looking at how many kids skip school to watch the giants parade. how much team pride cost the

district. >> i'm still taking your questions on twitter and facebook. you can contact me and on twitter. >> from mount tam you can see sunny skies in this day of record warmth around the bay area, i'll show you how warm it's going to be tomorrow in the accu-weather forecast coming up. >> an approach into the golden gate bridge slowing down, slowing nicely into s

remember dusty the clepo kitty that was profiled on abc 7 news? tonight at 11:00 you'll see what happened to this prolific thief. is he still stealing from the neighborhood? we'll show what you he's up to now. >> he's on the move. >> yes. he's crossing the street and stops. he's looking. >> our vic lee catches up with dusty the clepo cap. >> i think it's good authorities placed a gps on his paw. >> that is the kath is something. >> we. we need to track spencer as

well. >> here i am. take a look at tomorrow's weather. there is a big storm developing to a nor easter this, is our projection that will start to pound mid atlantic coast with heavy rain, high surf and winds. into about thursday which is horrible news. here comes another storm that could produce difficulties for people in that area. tomorrow, nice, sunny warm conditions, state wide another warm day. we've had highs today around the bay area. a couple more tomorrow hitting 81 tomorrow that will be a record. suspecting low 80s inreasoned and mid-70s near the coast. really warm for november.

a great looking election day. get out and vote if you haven't already. >> big cool down wednesday. >> thank you. >> amazing transition. >> still head research that many healthy baby boomers may not want to hear. why staying fit might not help them a local artist recapping the season to the popular song "we are the champions". more of this coming up. >> what should you do if you forgot

checking healthy living news a study finds multi vitins don't reduce the risk of heart disease among healthy older men but do help lower risk of cancer. researchers studied doctor skbrorz found no difference between those who were taking

centrum silver and those who took the placebo. and there is a reality check for health conscious baby boomers tonight. one in three will develop heart problems or suffer a stroke but that is not likely to happen until seven years after their less healthy peers develop health problems. researchers anna mized -- analyzed studies that is published in journal of the american medical association. >> apairnly a lot of kids came down with giants fear on parade day. the san francisco unified school district says thousands of kids did play hooky on wednesday. more than 4100 students were ab sent costing nearly $160,000 in california funding. the state pays $38 per student that shows up in school.

>> there is a new anthem out to celebrate the remarkable journey to win the world series. >> it's a remake of "we are the champions". have a listen. ♪ [ music ] . >> he came up with a world series 2010 anthem. >> you can check out the video for "we are the champions" there. is a link on our web site for

you. just click on see it on tv. great images to see again, there. >> when he was running i bet people thought ashconwas still one of the players. >> nice touch. >> michael finney is here how to answer questions. davie asks i got goth a parking ticket for only having a back license plate on my van. is this right? >> nope. no. you have to have two in the state of california. some trucks and motorcycles only given one plate thech have to put them in the back. you don't get written up unless getting a parking ticket, too. a lot of these show up in the city and county of san francisco.

so you know they wanted to be there. if you need two plates and need a new one, costs $19. >> i was getting a parking ticket and i started protesting. the guy goes, stop now because you should get a second one. i said you're right. sorry. sorry. kristin wants to know i forgot to vote by mail. should i send it in today? >> no. no. this is a time when it's not when it's post marked but when it arrives. it has to arrive tomorrow. so what you can do is take it to a polling place in your county. and drop it off. >> jeff asks is this myth true when a telemarketer calls

pressing nine will disconnect you and put you on the do not call list? >> no. >> i wish. >> if you have a prerecorded call, somewhere near the call the recording has to say if you want to go on the do not call list hit whatever button. that is where that comes from. you're not supposed to get prerecorded calls anymore. >> still ahead waves both more popular than their husbands. how they're wooing women voters.. >> someone in san francisco has come forward to claim a lottery ticket worth $13 million. it

back to election coverage and women say are really the stars. first lady and ann romney. >> both have higher approval ratings and this been putting that popularity to work. for michelle obama it's the end of a long road. >> it's an emotional day for me. i wish i can tell you what i've learned. on the road. >> they've been there every step of the way. from photo op, to speeches... to the conventions. >> michelle, i love you so much. what a lucky man i i am. >> ann would have succeeded at anything she would have wanted to do. >> both women displaying equal parts charm, and endurance. >> we've been in so many of the communities. >> michelle obama in a key fund-raiser campaigning in 191

events. and just this weekend romney appearing in five states. >> this is amazing to have this kind of emotion come to us. it makes me believe we can win colorado. >> both women tried to show voters the other side of their husbands.. >> what does mitt wear to bed? the best answer is as little as possible. >> good answer. >> first debate on your 20th wedding anniversary. >> go, figure. >> there is a wedding photo. you look the same. >> yes. >> he's a lot more gray. they have been praised for wit skpin tell jens and wise fashion showses -- choices. now, many saying race too los to call, unfortunately for the

campaign neither is on the ballot. >> a northern california man celebrating $13 million super lotto prize he won with a ticket bought in san francisco. he picked up the ticket over a week ago on stockston street. >> the market gets a $65,000 bonus just for selling this ticket. he chose winning numbers himself with help from his grandsonment i'm assuming is going get a cut of the cash. >> we're all jealous. >> abc 7 news at 5:00 begins right now. >> thank you. a jury blames a principal for failing to protect children under her care. how they reached a verdict. >> and i'm sandhya patel.

record-breaking highs today. i'll let you know if heat will hang around for election day. >> a live report on election eve on the battle to get out of the vote in the key battle ground states. >> good evening, i'm dan ashley. >> i'm cheryl jennings a verdict for a former school principal accused of failing to report child saechl bus. >> she's guilty. abc news is live in san jose with the story. waits a tough decision. the principal was putting her head in the sand when she should have been sounding an alarm. eight jurors convinced four others to convict the former principal of failing to report suspected child abuse. the former principal dabbed tears from her eyes. october of last year, she

heard from a third grade student that her teacher blind folded her alone in a classroom, had her lie down, put something in the 8-year-old's mouth. she tasted a salty liquid. the most-damning evidence was her own handwriting, detailed notes of the conversation with the little girl. administrator told the jury she was conned by chandler who told her waits part of a lesson plan involving helen keller and sensory deprivation. she believed him and did not report at kts to authorities. >> she had a suspicion and didn't act on it i think on that day she violated duties and needed to be held accountable and we needed to be sending a message to our community